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Legal fee fight looms in HIH Insurance shareholder actions
Restructuring & Insolvency 2019-10-21 9:58 pm By Miklos Bolza

Lawyers behind four quasi representative proceedings against the liquidators of collapsed HIH Insurance have launched a bid to recoup the costs of their successful 18-year-long legal battle.

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Judge tosses Babcock & Brown cases, finds ‘serious problems’ with market-based causation
Securities 2019-10-21 8:47 pm By Miklos Bolza

A judge has dismissed three proceedings by shareholders against the liquidator of failed global financial services firm Babcock & Brown, in a finding that highlights “serious problems” with market-based causation and may have ramifications for securities class actions.

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Ashurst partner slams ruling from ‘confused’ judge in dispute with ex-judge neighbour
Restructuring & Insolvency 2019-10-18 9:03 pm By Miklos Bolza

A partner at Big Six firm Ashurst has challenged a NSW Supreme Court decision appointing liquidators to his Point Piper home in a protracted dispute with an ex-judge neighbour, saying the judge was confused and made an order which was an “affront to our system of adversarial justice”.

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Courtside with the swift ‘Hammer’ of justice
People In The News 2019-10-18 2:06 pm By Amelia Birnie

Justice David Hammerschlag of the NSW Supreme Court has a way with words that readily lends itself to dramatic courtroom headlines. The “Hammer,” as he is known, also pulls no punches and is quick with one liners that keep counsel on their toes. Here, Lawyerly looks at some of the recent best moments inside courtroom 7D.

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Insolvency practitioners’ fees to face scrutiny in latest government inquiry
Restructuring & Insolvency 2019-10-10 9:44 pm By Cat Fredenburgh

A new government inquiry will look at the fees and practices of insolvency professionals and whether the current insolvency system is set up to help struggling businesses turn around.

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UDP wins $25M from insurers over doomed 5 Star Foods deal
Corporate 2019-10-10 5:27 pm By Miklos Bolza

Hong Kong-based UDP was entitled to $25 million from its insurers after losing more than $30 million from its disastrous acquisition of dairy conglomerate 5 Star Foods, which had been secretly overcharging one of its biggest customers, food giant Lion Nathan Group.

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Examination proceedings brought against Linchpin Capital directors
Restructuring & Insolvency 2019-10-09 4:06 pm By Miklos Bolza

Three former directors of billion-dollar financial advisory firm Linchpin Capital Group will face two days of questioning in examination proceedings filed on behalf of an investor five months after the company was wound up for running an unregistered investment scheme and misleading investors.

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Ernst & Young strikes out with third party claims against failed LM Investment
Restructuring & Insolvency 2019-10-08 11:47 pm By Cat Fredenburgh

Ernst & Young, which is facing a lawsuit brought by the receiver of a fund overseen by failed financial services firm LM Investment Management, has lost its bid to file a claim for damages against LMIM, with a judge saying the auditor’s case was “flawed” and “counterintuitive”.

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Tucker & Cowen loses second bid to dodge $17.5M Equititrust case
Legal Ethics 2019-10-07 12:00 pm By Miklos Bolza

Two name partners at law firm Tucker & Cowen have lost another attempt to dismiss a case brought against them by the receivers of failed fund manager Equititrust over $17.5 million in funds allegedly obtained by deceptive means.

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Judge dismisses Ashurst partner’s dispute with ex-judge neighbour as ‘bordering on irrational’
Corporate 2019-10-03 9:05 pm By Amelia Birnie

A partner at Big Six firm Ashurst has lost his bid to stop liquidators taking control of his Point Piper home in a long-running dispute with his ex-judge neighbour, after parts of his case were dismissed as ā€œbordering on irrationalā€.

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